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(영문) 청주지방법원 제천지원 2020.07.23 2020고단181

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 10, 2017, the defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on March 10, 2017.

Nevertheless, at around 20:30 on May 15, 2020, the Defendant driven a e-learning motor vehicle under the influence of alcohol concentration of about 1.7 km from the front side of the C in Seocheon-si B to the roads adjacent to the Dpentan City, Seocheon-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Reporting on the occurrence of a traffic accident and photographs of the accident site;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes after investigation (the re-offending of sound driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

The defendant has been punished for a violation of the Road Traffic Act in 2017.

The favorable circumstances: At the time of crime and the mistake are divided.

There is no record of criminal punishment exceeding fine.